A dispute that began with an unauthorized burger placed on a menu by a licensee recently culminated in the dismissal of the latest lawsuit between feuding factions of Benihana, the Japanese teppanyaki restaurant chain. In early March, the US District Court in the Southern District of New York dismissed a lawsuit brought by Benihana of Tokyo LLC (BOT) against its American counterpart, Benihana, Inc. (BI) that raised claims of breach of contract and breach of good faith, and highlighted the risks of splitting trademark rights between geographic territories.
Anthony V. Lupo
Anthony Lupo is a partner at Arent Fox and member of the executive committee. He primarily focuses in three areas: entertainment, fashion, and advertising and data protection. In addition, he chairs the Fashion Law practice.
Anthony is considered to be a leader in the fashion, retail, and e-commerce space. He was named as one of the top three Retail and e-Commerce lawyers in the United States by Law360. Anthony has long been regarded as one of the premier intellectual property attorneys in the country. Chambers USA ranks him as one of the few Tier 1 lawyers for intellectual property, and the Washington Business Journal regards him as the number-one intellectual property attorney. World Trademark Review 1000 describes Anthony as one of only four “Band 1” attorneys in Washington, DC, for both contentious and non-contentious work, and Legal 500 and Super Lawyers magazine selected Anthony for his experience in intellectual property, entertainment, and advertising and gaming matters.
Tony is one of the premier fashion law attorneys in the United States. His background in the fashion arena is geared more to that of a general counsel. Specifically, Anthony acts as outside general counsel for a number of high-end European fashion and luxury goods companies handling corporate, real estate, employment, class action, national and global distribution, fulfillment, and California-specific litigation (Prop 65, wage and hour, and false claims and unfair competition). His fashion and luxury goods clients include Lacoste, Diesel, Hugo Boss, Escada, Geox, Benetton, Sisley, Camper, Bebe, DSquared, Just Cavalli, and Maison Margiela.
Additionally, Anthony’s advertising, privacy, and data security experience includes providing guidance on developing and implementing global data privacy and security policies and procedures for a number of leading companies, including Discovery Communications, Sony PlayStation, S&P, Lacoste, LG Electronics, Intersections, Hugo Boss, and Honda. In this regard, he advises clients on issues of data collection, data security, data transfer, privacy, cross-border issues, GLB, the EU Privacy Directive, and privacy as it relates to children. Anthony’s team also has a great deal of experience in advising clients on data breach issues and has been called in to respond to some of the largest data breaches in history.
Notably, Anthony is one of the few attorneys working with foreign governments to revise their intellectual property, which includes:
- Assisting the Indonesian government in revising its intellectual property laws to comply with GATT
- Advising the Saudi Arabian government on international intellectual property issues in its effort to join the WTO
- Advising the Egyptian government on revising its intellectual property laws
- Advising the Vietnamese government on implementing the US-Vietnam Bilateral Copyright Agreement
- Lobbying the Office of the United States Trade Representative (USTR), the Patent & Trademark Office (PTO), and the Copyright Office regarding intellectual property and counterfeiting issues
- Preparing international licensing and technology transfer agreements
- Counseling clients on how to protect their intellectual property in foreign markets.
Anthony sits on the board of directors for the Smithsonian National Zoo, Discovery Channel Global Education Fund, Escada, and Lacoste.
Anthony was named a Top Intellectual Property Attorney for 2005 by the Washington Business Journal, and has been recognized as a leading intellectual property attorney by publications such as Chambers USA, World Trademark Review, Legal 500, and Super Lawyers. He has also been recognized as one of the leading technology and Internet attorneys by a number of publications, including PricewaterhouseCoopers’ Global Counsel.
He often appears on CourtTV and National Public Radio as an entertainment and Internet legal professional and has been frequently quoted by newspapers and magazines, including The New York Times, Industry Standard, and The Los Angeles Times. He has also testified before Congress on the issue of e-commerce.
Bar & Court Admissions
District of Columbia Bar
Georgetown University School of Law, LL.M (Masters of Law), 1993
Howard University School of Law, JD (cum laude),1990
George Mason University, BA, 1987
Blog Posts by Anthony V. Lupo
Arent Fox’s Fashion Law group was recommended as one of the best retail practices in the country by WWD, which encouraged retailers to call on the firm’s attorneys when faced with issues that threaten their bottom line.
The article focused on the rise of knockoff and infringing fashion products, as issue that is occurring at an alarming rate in 2017. “Every month, shoppers spend billions (yes, billions) of dollars on counterfeit versions of designer goods and with social media’s ability to create a fervor over so many things, fashion chief among them, the knockoff industry is set to keep growing,” reported WWD.
On March 22, 2017, the Supreme Court issued a ruling in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al, No 15-866, clarifying that the Copyright Act protects applied artistic elements appearing on utilitarian objects, including apparel. In a ruling authored by Justice Clarence Thomas, the Court held that: “[a] feature incorporated into the design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three- dimensional work of art separate from the useful article, and (2) would qualify as a protectable pictorial, graphic, or sculptural work – either on its own or fixed in some other tangible medium of expression – if it were imagined separately from the useful article into which it is incorporated.”
ABOUT ARENT FOX LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.